citizens of this city, should be presently sent to view the place for the intended plantation in Ireland," and it was thereupon ordered, that four persons therein named, John Broad, Hugh Hammersley, Robert Treswell, and John Rowley, "should forthwith, at the city's charges, undertake the voyage into Ireland, and survey and view the place and grounds intended for the new plantation there, and make report to the city, at their return from thence, of their opinion and doings touching the same." The persons appointed to be viewers received from the city 3001. for their expences, and then proceeded on their mission to Ireland. It appears, therefore, that at this time, the King's government was in treaty with the city of London, to undertake some portion of his plantation, and that the city, before entering into any engagement, proceeded, by commissioners or agents of their own and at their own expence, to ascertain the facts necessary for their consideration. By an order of the court of aldermen dated 28th November 1609, it appears that the commissioners had then returned and made their report, and an additional sum of 100l. was ordered to be paid to them, and on 2d December 1609, the court of common council, after noticing that the lords of the council expected presently to hear the resolution of the city touching the plantation, it was ordered, that Sir Stephen Soame and others, "calling unto them the four commissioners or viewers, should meet together, to advise and consider of all circumstances and matters fit to be remembered about the plantation," and they were to be ready to make report to the next common council, in writing, of their opinions touching the same, "whereby the city's resolute answer concerning the said intended plantation might be made and delivered to the lords of the council" the 16th of December next. On On the 15th of December, the report of the committee was made, and it recommended, in substance, that the sum of money to be expended should only be 15,000l., and that the same should be raised by way of companies, and in companies by the poll, according to the rate of corn set upon every company; but some of the inferior companies were thought fit to be spared; yet that such as were known able men in those companies should set proportionably with men of like ability in other companies; and for this levy it was proposed, that an act should be passed in the court of common council. After this statement as to the sum and the mode of raising it, the committee claimed, that the Derry and the town of Coleraine should be the places where two cities should be erected; that unto Derry 4000, and unto Coleraine 3000 acres of land should be laid, and that the rest of the territory and county of Coleraine, estimated at 16,000 acres of temporal lands, should be undertaken. Various privileges, varying from those mentioned in the first project, were proposed to be claimed, and it was suggested, that, seven years' time should be asked for, "to make such other reasonable demands, as time should show to be needful but could not presently be foreseen." The report then stated what was proposed to be done, and finally suggested, that all things should be managed and ruled as follows: "It is thought best that a company be constituted here in London of persons to be selected for that purpose, and corporations to be carried on in the two cities of Derry and Coleraine, but all things concerning this plantation and undertaking to be managed and performed in Ireland by advice and direction from the company here in London.” The report, containing this suggestion, which was the first germ of the Irish Society, was approved by the common council, and Mr. Recorder and others were appointed 1838. The SKINNERS' Company v. The IRISH 1838. The SKINNERS' Company v. The IRISH appointed to present the same, as the city's answer, to the lords of the council. This was done, and the lords of the council, having objected that 15,000l. was too small a sum, did not accept the offer; in consequence of which, the court of common council, on the 22nd December, ordered that the sum of 50007. should be added to their former report, in respect of buying in of private interests and other charges, and the committees formerly appointed were required to deliver the former report, with that sum added, as their answer to the lords of the council. With this answer the lords of the council appeared to have been satisfied, and in contemplation of a final agreement, measures were very soon adopted by the city, for carrying the project into execution, on their part. On the 8th of January 1609-10, at a common council then held, it was enacted, granted, and agreed, that Sir Thomas Bennett and twenty-two other persons then named, and the four commissioners or viewers that were sent from the city into Ireland to view the intended place for plantation should, from time to time, meet and have conference, as well amongst themselves as with such commissioners as should be appointed by the lords of the council, touching the intended plantation in Ulster ; and the said committees before named were to take advised care and consideration of all matters whatsoever, that to them, in their discretion, should be thought fit to be propounded, moved, or done on the behalf of the city, touching the same plantation, as the matter itself, being of that consequence and importance, did merit, and Sir Thomas Bennett was appointed to be the president of the said committees. And it was further enacted, for the better expediting of the service, that a present taxation should be made of the said sum of 20,000l., and a present levy made of one-fourth part thereof, and that the sum of 5000l. should should be raised by way of companies of the city, and in companies by the poll, according to the rate of corn set upon every company; that some of the inferior companies were to be spared, yet such as were known able men in those companies were to be set proportionably with men of like ability in other companies, according, as in the report of the committees, confirmed by the common council, is mentioned; the same monies to be speedily raised, and to be paid on or before the feast of the purification next ensuing, unto Mr. Cornelius Fishe, chamberlain of the city, who, by the said court, was appointed treasurer, as well for the receipt and payment of the said 5000l., as of the rest, being 15,000%., when it should be required. On the following day, (the 9th of January) precepts were issued for the purpose of carrying into effect the taxation and levy accordingly. The Lords of the council and the committees of the city soon afterwards came to an agreement. Articles were drawn up and settled; they bear date the 28th of January, 1609-10, and they were approved and allowed by the court of common council on the 30th of the same month; and from the course of proceeding which I have stated, it appears, that although it was at one time suggested that individuals should willingly undertake or voluntarily contribute to the undertaking, everything, at length, centered in the city, and in the court of common council as representing the city: the city undertook and was to perform; the city was to provide the funds, and the city was to have the profit; the city was set in motion, by what has been called the pressure of the Crown or of the government, and was, by its agents, the contracting party with the government. With the companies, otherwise than as they were involved in or formed part of the general body of the city, the Crown had no negotiation or dealing. The Crown 1838. The SKINNERS' Company v. The IRISH Society. Crown did not, as it seems, concern itself, either with the means by which the city was to perform its undertaking, or with the inducements to be held out to individuals, further than as such inducements were secured by the general terms of the project, and the motives and reasons presented to the city. It may reasonably be supposed, that when the court of common council, in performance of the contract, found it necessary to exercise a somewhat questionable power of taxation, suggestions of some benefit to result to those upon whom the charge was imposed, would, in some manner, be made, and that such was the case is extremely probable from the nature of the transaction itself, and is apparent from the subsequent proceedings; but in the formal acts at the time, the companies are treated as the instruments by which the sums assessed or the amounts taxed should be levied, and the levies were not made upon any property of the companies, but in companies by the poll. That the levies were compulsory and enforced against reluctant parties by the power of the city, is shewn by abundant evidence in this case. At the same common council by which the agreement was approved and allowed, it was ordained and enacted, that "for the better ordering, directing, and effecting of all things touching and concerning the said plantation and the business thereunto belonging, there should be a company constituted and established within the city of London," which should consist of one governor, one deputy to the governor, and twenty-four assistants; that the governor and five of the assistants should be aldermen; that Mr. Recorder should be one of the assistants, and that the deputy and the rest of the assistants should be commoners of the city; and after providing for the continuance of the company by election in the court of common council, and, appointing the present members of the |